|
|
|
|
Work Injury
The area of
Personal Injury law dealing with work-related
injuries is known as Workers Compensation. This area of law is a
no-fault system of social legislation. Fault on the part of the
employer and/or employee is largely irrelevant, although cases have
arisen over such issues as horseplay, intoxication and willful
disobedience to the instructions of the employer. Coverage is
limited to those having the status of an employee,
as opposed to an independent
contractor.
Any injury occurring while engaged in the course and
scope of duties imposed upon the employee is considered a
work-related injury.
Even if a worker is injured while away from the employer's work
site, if he
becomes injured while engaged in work duties, the injury or
occupationaldisease may be covered by Workers Compensation law,
Personal Injury law or both.
State Workers Compensation laws generally provide
benefits to workers and their dependents when they have suffered
injury or death arising out of |
|
the course and scope of their work.
Benefits vary from state to state, but most include medical
benefits, weekly or bi-weekly income, vocational training, permanent
disability and death benefits.
In most work-related injuries, an injured employee's
recovery is limited to Workers Compensation benefits. This means the
employee cannot sue the employer. However, careful analysis of the
cause of injury is important because there may be other avenues of
responsibility and recovery.
In cases where an employee's injury is caused by
someone other than the employer, the worker may be entitled to sue
the negligent party for damages in addition to benefits provided
under Workers Compensation laws.
For example, if a worker is injured in a
car
accident while driving in the course of employment, he or she may
pursue both Workers Compensation benefits as well as damages against
the party causing the accident, under general personal injury law.
This second claim is referred to as a third party claim.
As a general rule, it is wise to seek legal advice
immediately after you suspect you've been injured as a result of
someone's negligence, whether it's medical malpractice, a
car
accident, a slip and fall, a
dog bite, lead poisoning, a
defective
product, a work injury or
other types of cases. |
Home | Contact Us
| About Us |
Disclaimer |
|
|
|
Personal
Injury Hotlinesm and Personal Injury
Hotline.comsm are service marks of John M. DeProspo,
Esq.
Copyright © 2005, PersonalInjuryhotline.com All rights
reserved.
DISCLAIMER
The material contained on this Website is for informational
purposes only. It is not to be considered legal advice.
Transmission of the information is not intended to create, and
receipt does not constitute, an attorney-client relationship.
Any electronic correspondence (e-mail) with this firm is not
to be considered a retention of this firm or any of its
members, associates, employees or agents.
Personal Injury Hotline.com - Personal Injury Lawyers on call 24
Hrs/Day, 7 Days/Week.
|
|
|
